| § 1 |
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 Party to the contract |
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Your purchase contract shall be concluded with Tripus systems GmbH, Am Hohen Rain 2, 89347 Bubesheim, (hereinafter known as: Tripus), represented by its Managing Directors, José Gómez and Uwe Albers.
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Phone: (08221) 9016-0
Fax: (08221) 32073
Email: mailto:sales@tripus.de
Memmingen Commercial Register: HRB 12249
VAT Reg. No. DE814159590
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| § 2 |
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Scope |
| These general terms of business shall apply to all contracts concluded between consumers (§ 13 of the German Civil Code) and Tripus. They may only be amended on the basis of individual written agreements concluded between the consumer and Tripus. A consumer in the sense of these general terms of business is any private individual who concludes a legal transaction for purposes which cannot primarily be assigned to either commercial or freelance activities. Only a private individual with unrestricted legal competence and who is at least 18 years of age may conclude contracts with Tripus.
These general terms of business do not apply to companies in the sense of § 14 of the German Civil Code. Separate general terms of business apply to these parties. These can be viewed using the following link.
https://www.tripus.de/de/Tripus/Rechtliches/Allgemeine-Geschaeftsbedingungen-10647-143.html
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| § 3 |
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Quotation and contract conclusion |
| (1) |
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The presentation of the products in the online shop shall not constitute a legally binding quotation but only a non-binding online catalogue. By clicking the order button you are making a binding purchase order for the goods contained in your basket. Confirmation of receipt for your purchase order will be made by email immediately after we receive it. The confirmation of receipt shall not constitute an acceptance of the contract.
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| (2) |
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Tripus may accept your purchase order by sending an acceptance declaration in a separate email or by delivering the goods within two working days for which receipt by the customer shall be decisive. If working days are specified for the periods, this shall include weekdays with the exception of Saturdays, Sundays and statutory public holidays at our registered office in Bubesheim (Bavaria).
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| (3) |
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Your personal data and information which you supply to us shall be used by Tripus to complete purchase orders, deliver goods and complete the payment. The items ordered by you will be delivered by a forwarding contractor engaged by us. For this purpose we will provide this forwarding contractor the email you supplied to us so that the forwarding contractor can provide you with information about the status of your goods and a concrete delivery date by email.
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| § 4 |
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Information on cancellations |
Consumers shall have the following right to cancel.
Right to cancel
You have the right to cancel this contract within 14 days without giving reasons.
The cancellation period shall be 14 days from the day on which you or a third party named by you, who is not the forwarder, takes or took possession of the goods (or in the case of part consignments, the final consignment).
To exercise your right to cancel, you must notify us (Tripus systems GmbH, Am Hohen Rain 2, 89347 Bubesheim, phone: (08221) 32073; email: tripusshop@tripus.de) by means of a clear declaration (for example a letter sent by mail, fax or email) about your decision to cancel this contract. To meet the cancellation deadline, it is sufficient that you send the notification that you intend to exercise your right to cancel before the end of the period.
Consequences of cancellation
If you cancel this contract we must reimburse you with all payments which we have received from you, including the delivery costs (with the exception of the additional costs incurred from you selecting a different type of delivery than the low cost standard delivery method offered by us), without delay and at the latest within 14 days from the day on which we receive notification of your cancellation of this contract. For this repayment we shall use a conventional bank transfer (IBAN, BIC) unless we have expressly agreed otherwise with you. Under no circumstances will you incur any charges as a result of this repayment.
You must only pay for any reduction in the value of the goods if this value reduction was caused by unnecessary handling of the goods to check their quality, properties and function.
The following shall apply to goods which cannot be returned by standard mail as a result of their properties and which as such are marked as "bulky goods" in the invoice. We shall organise the collection of the goods.
We may refuse to make the repayment until we have received the returned goods or until you have provided evidence that you have sent the goods back, whichever occurs earlier. You must return the goods to us without delay and in any event at the latest within 14 days from the day on which you notify us of the cancellation of this contract. This deadline will be met if you dispatch the goods before the end of the period of 14 days. You must pay the immediate costs of returning the goods.
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| § 5 |
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Lack of availability of ordered goods or services |
| (1) |
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If, after receiving the purchase order, Tripus discovers that the ordered goods or services are no longer available, Tripus may send or offer or provide the customer with goods or services of the same quality and price. In this case the customer shall not be obliged to accept them and also must not pay the costs for their return.
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| (2) |
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If Tripus has not been supplied at no fault of its own although it has placed purchase orders with reliable suppliers to cover demand, Tripus shall be released from its duty to deliver and may cancel the contract. In this case Tripus shall notify the customer without delay of the lack of availability and reimburse the customer with any payments he has already made in the event that the contract is cancelled.
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| § 6 |
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Delivery/Shipment costs |
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For online orders, the resulting amount is shown in figures before you place a binding order for the goods in your basket. For bulky items which are shown separately, we shall charge an additional bulky item supplement which is shown with the product.
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| (2) |
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As long as it receives its goods from its own suppliers, Tripus shall ensure that the goods are delivered quickly. If only part of the order is not available immediately, the remaining goods will be delivered at a later date without invoicing a second delivery charge.
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| § 7 |
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Prices and terms of payment |
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The prices shown on the product pages shall be regarded as total prices and contain all price components including statutory German value-added tax and other price components. Any additional delivery and shipment costs shall be listed separately in the account for the basket.
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| (2) |
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In addition to the net price for the goods, the invoice shall contain the prices for supplementary services, namely packing and shipment, etc. as well as the value-added tax rate in force on the date of the invoice.
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| (3) |
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For orders placed on the homepage, the catalogue prices shall not apply, but the prices shown on the cash register.
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| (4) |
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Offers in the online shop may be for a limited time only. Details are provided in the relevant product description.
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| (5) |
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In order to secure the creditworthiness risk, Tripus reserves the right in some cases to refuse certain types of payment and to provide requested services only against payment in advance, cash on delivery or immediate payment on delivery.
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| § 8 |
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Reservation of title |
| Tripus shall reserve title to all goods supplied by it to a customer until the goods have been paid for in full. If Tripus replaces goods under the warranty, it is hereby agreed that title to the goods being replaced shall be transferred reciprocally from the customer to Tripus and vice versa at the point when on the one hand Tripus receives the goods which have been returned by the customer and the customer receives the replacement goods from Tripus.
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| § 9 |
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Warranty |
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Tripus warrants that the products are free of material and legal defects at the time of the transfer of risk in compliance with §§ 434 and 435 of the German Civil Code. The statutory defect liability law shall apply. If delivered goods have obvious material or manufacturing flaws, which shall also include transport damage, the customer is requested to notify Tripus of such defects without delay. Failure to make such notification shall, however, not have any consequences for your statutory rights and their exercise, in particular for your warranty rights. However, they will help us to lodge our own claims with the freight driver or transport insurance company. If the customer is acting as a businessman in the sense of § 1 of the German Commercial Code, the commercial duty of inspection and complaint set out in § 377 of the German Commercial Code shall apply.
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| (2) |
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The period of the warranty shall be two years and shall start on the date on which the customer receives the goods.
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| (3) |
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In the event of a defect, under § 439 of the German Civil Code, the customer may choose to have the defect rectified or to have the defective goods replaced with perfect goods. Tripus may refuse the type of re-fulfilment chosen by the purchaser under § 439 of the German Civil Code if it would only be possible at disproportionately high cost. If repair work fails to rectify a defect, even at the second attempt, the customer shall be entitled, under § 439 of the German Civil Code, to demand the delivery of perfect goods or to reduce the purchase price or to cancel the contract. Cancellation shall not be possible if the defect is minor and insignificant. § 437 of the German Civil Code shall also apply.
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| (4) |
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The statutory regulations shall apply in relation to any compensation claims for defects on the goods.
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| (5) |
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The requirement for the existence of warranty claims is that the defect has not been caused by incorrect use or overuse. If a defect does not come to light until later than six months after delivery, the customer must provide evidence that the item was defective when the risk was transferred. Otherwise, Tripus shall be entitled to provide evidence that the item was not defective when it was delivered.
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| § 10 |
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Liability |
| Tripus, its management team and employees may be held liable in cases of positive breach of contract, default, impossibility, illegal acts and for other legal reasons (apart from pre-contractual breaches) as follows:
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| (1) |
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Tripus shall accept unlimited liability for any legal grounds in the following situations:
- In the event of malicious or grossly negligent contract breaches and fraud,
- In the event of death, health impairment or physical injury has occurred and Tripus is culpable
- Under a property and/or durability guarantee if we have provided such a guarantee for the supplied goods, and the action is covered by the scope of the Product Liability Law.
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| (2) |
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Tripus' liability shall only be limited to typical foreseeable damage in the event of a negligent breach of major contract duties (cardinal duties). Major contract duties and duties which the contract imposes on the purchaser in its content to achieve the purpose of the contract and whose fulfilment therefore actually makes the correct execution of the contract possible and therefore they are duties which the customer may normally rely on being fulfilled.
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| (3) |
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The above provisions (numbers 9 and 10) describe the complete scope of liability for Tripus, its legal representatives and their agents.
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| § 11 |
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Applicable law/Place of jurisdiction/Alternative dispute resolution |
| (1) |
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The law of the Federal Republic of Germany shall apply to all legal transactions and legal relationships between Tripus and the customer, with the exclusion of the UN Convention on Contracts for the International Sale of Goods, but only to consumers if the consumer does not suffer the loss of the protection provided to him by the binding regulations of the state in which the consumer is normally resident.
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| (2) |
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The exclusive place of jurisdiction shall be Günzburg or another legal place of jurisdiction selected by Tripus if the customer is a business in the sense of the German Commercial Code or a body under public law.
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| (3) |
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Online dispute settlement (pursuant to Art. 14 Para. 1 of EU Regulation 524/2013 ("ODR Regulation")): The European Commission provides a platform for online dispute resolution at ec.europa.eu/consumers/odr/.
Tripus does not participate in dispute resolution procedures before a consumer tribunal board. We have no obligation to do so and neither are we prepared to do so.
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